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i <br />• <br />Oil <br />&9- 104835 <br />UN ORM CovENavrS. Borrower and Lender covenant and agree as Follows: <br />1. Payneat of PHodp l od iattseat; Pnpymnt and Late Charger. Borrower shall promptly pay when due <br />the principal ofanid interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. <br />2. Facia forTaroa anal lmwoate, Subject to applicable law or to a written waiver by Lender. Borrower shall pay <br />to Leander on the day monthly payments are due under the Note, until the Note is paid in full, a sum ('•Funds") equal to <br />one-twelfth of (a) yearly taxes and anessrnenus which may attain priority over this Security Instrument; (b) yearly <br />Iesaeioid payments or ground rents on the Property. if any; (e) yearly hazard insurance premiums; and (d) yearly <br />mongageitnsuraaoe premiums. if any. These items are called "ewrowr items." Lender may estimate the Funds due on the <br />bmbdentdaisand reaaosssbieestintstadfutun esenowitertts. <br />The Fmids shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or <br />state spow (imchading Leader if Leader is such an institution). Lender shall apply the Funds to pay the escrow items. <br />Lander may not charge for holder and applying the Funds, analyzing the account or vaii+ying the escrow items, unless <br />Leetkt pays Borrower interest on the Funds and applicable law permits Lender to make such a charges Borrower and <br />header may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law <br />rrDgtait�a interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Leader <br />tiltall <br />give to Harrower, without charge; an annual accounting of the Funds showing credits and debits to the Funds and the <br />purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by <br />tbb Security Instrument <br />If the amount of Ube Funds held by Lender, together. with the future monthly pt. j_v cfFtmds payable prior to <br />the due dates of the escrow items. shall exceed the amount required to pay the escrow iti" is wlit dpe, the excess shall be, <br />at Borrower's option, either promptly repaid to Borrower or credited to Borrower on in onthIsy payments of Funds. If the <br />amount of the Funds held by Lender is not sut6ciient to pay the escrow items when due. Borrower shall pay to Lender any <br />amioamt necessary to make up the deficiency in one or more payments as required by Lender. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender. If underparagmph 19 the Property is sold or acquired by Lender, Lender shalt apply, no later <br />than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of <br />application as a credit against the sums secured by this Security Instrument. <br />3 Appliestim of Payaaents. Unless applicable law provides otherwim all payments received by Lender under <br />paragraphs 1 and 2 sly be applied: first, to late charges due under the Note,, second, to prepayment charges due under the <br />Note third, to amotrmpayable under paragraph 2; foist%, rss Jimmest due, and last, to principal fihmf <br />4 Maws; Lion. Borrower shall pay irtl taxes, assessments. charges, fines and imposid(ms attributable to the <br />Property which mays *wWn priority, over tha Security Instrument, and leasehold 'payments clr: ground rents, if <br />Borrower shall pay tbowabligations in the manner provided in paragraph 2, or if not paid in that manner. Borrower Shall <br />pay than an time dirwdy to the g nom owed payment. Borrower shall promptly furnish to Lender all notices of amounts <br />to be paid under this paragraph. If Borrower makes these payments directly. Borrotw shall promptly furnish to Lender <br />receipts evidencing the payments. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contexts in good <br />faith the Dim by. or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to <br />prevent t b enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder dtlr..e lien an <br />ageemeri, satisfactory to Lender subordinating the lien to this security Instrument If Lender determines these any part of <br />the Property is subject to a lien which may attain priority over this Security Instrument, Under may give Borrower M <br />notice identifying the lien. Borrower shall satisfy the lien or take one cr.rmr a of the actions set foft h d-ove within 10 days <br />of the giving of notice. <br />S. Hass rd Itwrance. W.-Tower shall keep the imM, ,i;emens mqw existirg ar hereafter erected on site~ Property <br />insured against kiss by fire, hazards Included within the tem "-e tender l oawerage" and any other hazards for which Lender <br />requires insurance. This insurance shall be mai:.ta rod: m cLe artcri .1s and for the periods that Lender requires. Thee <br />insurance carrier providing the insurance shall be 4acsen ty Borrower subject to Lender's appraAA which shall not be <br />unreasonably withheld. <br />All insurance policies and renewals shall be aiccepceaizl+e- io Lender and shall include a standard mortgage clause. <br />Lender shall have the right to hold the policies and renewxh , if Lender requires. Borrower shall promptly give to Lender <br />all reci ioz of paid premiums and renewal notices. In the event of lens. Borrower shall give p =V. notice to the insurance <br />carrw Lend Lender. Leader may make proof of Its; if not made promptly by Borrower. <br />!Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair~ <br />of the Phaperty damaged. if the restoration or repair is economically feasible and l..-arfirr's security is not lessened. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not then due. with any excess paid to Borrower. If <br />Borrower abandons the Property. or does not answer within 30 days a notice from Lender dial rile insurance earner has <br />offered to settle a charm, then Lender may collect the insurance proceeds. Lender may use the pnxxeds to repair or fglore <br />the Property or to pay sums secured by this Security Instrument, whether or not then due. The A -day period will begin <br />when the notice is given. <br />Unless Lender and Borrower otherwisesgree in writing, any application of proceeds to prindpal shall not extend or <br />postpone the due date of the monthly payments rrfcrred to in paragraphs .1 and 2 or change the amount of the payments. If <br />under paragraph 19 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting <br />from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security <br />instrument immediately prior to the acquisition. <br />6. Pmmatian sad Maiateammee of Property; Leateb". Borrower shall not destroy. damage or substantially <br />change the Property. allow the Property to deteriorate or commit waste. if this Security Instrument is on a leasehold. <br />Borrower shall comply with the provisions of the lease. and if Borrower acquires fee title to the Property, the leasehold and <br />face title shall not merge unless Lender agrees to the merger in writing. <br />7. Prateetiom of Leasers RlOts is the Property; MorQW Iwaraace. If Borrower fails to perform the <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br />I 'e to the Prtlprrty (%ugh 23 a pran4cdistg in banCruytey. prolate. for c07(leeiitineetion or to enfuree laws or <br />regulations). then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights <br />in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security <br />Instrument, appearing in court. paying reasonable attorneys fees and entering on the Property to make repairs. Although <br />Lender may take action under this paragraph 7. Lender does not have to do so <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this <br />Security instrument. Unless Borrower and Lender agree to other terms of payment. these amounts shall beat interest from <br />the date of disbursement at the Note rate and shall be payable, with interest. upon notice from Lender to Borrower <br />requcsti ngpiyment. <br />-i <br />